CHONOT Vs. INDUSTRIAL CABLES (INDIA) LIMITED RAJPURA

JUDGEMENT

(1.) Karnail Gir was working as a Welder since 1984 with M/s. Industrial Cables India Ltd., Rajpura, District Patiala. On 17-6-1985, the aforesaid workman lost his life during the course of his employment while he was engaged in carrying asbestos sheets and the root of the premises of aluminium plant was under construction. The widow and the mother moved an application under the Workmen's Compensation Act, 1923, and the Commissioner Workmen's Compensation, Patiala awarded a sum of Rs. 54,760/- with interest at the rate of 6% per annum with effect form the date of the occurrence i.e. 17.6.1985.

(2.) This appeal has been preferred by the widow on the plea that Karnail Gir died on 17.6.985 and since compensation was not paid within one month the appellant was entitled to penality under Sub-Section (3) of Section 4-A of the Workmen's Compensation Act, 1923.

(3.) On behalf of the appellant, it has been pointed out that though the occurrence was brought to the notice of the employer and it was reported to the police as well where DDR No. 17 was also recorded yet the claim was declined by the respondents form the very beginning inasmuch as there was a denial of the fact that the deceased was an employee and later on it was claimed that he was not a workman. All these pleas were repelled by the appellants and the delay in the proceeding as well as the award was on account of the conduct of the respondent - employer.